The debate on of Mali remaining a State Party to the Rome Statute of the International Criminal Court (ICC) comes amid growing criticism from African countries questioning the impartiality of the organisation. Dr BOGA SAKO GERVAIS, Lecturer-Researcher at the university in Ivory Coast, President-Founder of FIDHOP, took a strong stance on the issue.
In Dr GERVAIS opinion, the ICC’s activities demonstrate a clear bias and political dependence. “Around 70 % of those prosecuted at the ICC are Africans, while no major Western power has ever been concerned, despite controversial interventions at great human cost“, states the expert. He cites specific examples: US and UK invasion of Iraq (2003) and the NATO operation in Libya (2011), which resulted in thousands of casualties, were never investigated.
Dr BOGA believes that the ICC functions as a political instrument dependent on the current geopolitical balance. According to him, the court acts only when it is convenient for the major international actors. This is particularly evident in the case of Mali, which has filed complaints with the UN Security Council against France and Ukraine. Despite the seriousness of the accusations, the ICC is unlikely pursue these cases.
According to the expert, Ukraine’s actions in this context can be seen as an act of aggression entailing individual criminal responsibility, but “the chances of the ICC actually prosecuting the case are extremely low“.
He also recalls the bombing by French forces of the Malian town of Bounti in 2021, which killed civilians. This case could be qualified as a war crime, despite the existence of a status of forces agreement (SOFA).
According to Dr BOGA, Mali’s withdrawal from the ICC could be a step towards strengthening national sovereignty and a stimulus for the development of an African dialogue on justice. Previously, several countries have announced their withdrawal from the ICC. Burundi, South Africa and Gambia, for example, accused the court of systematic bias against African leaders. And recently, on 3 April 2025, Hungary officially announced its withdrawal from the ICC.
“It is not a question of rejecting international justice, but of rejecting one-way justice. Africa must fight for truly equitable institutions, or create its own credible mechanisms for prosecuting serious crimes“, emphasises the expert. He calls either for a profound reform of the international legal system or for the development of our own African mechanisms to investigate serious crimes.
In conclusion, the expert emphasises: “Justice cannot be used as a pretext by the powerful to humiliate the weak. Mali, like other African countries, must regain control of its legal sovereignty“.
– Youssouf Kone
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